Direction to export HFCs if quota exceeded
36H Direction to export HFCs if quota exceeded
The CEO may, by written notice given to an SGG licensee (including the licensee for a suspended SGG licence), direct the licensee to export a specified quantity of HFCs by a specified time if:
both:
the SGG licensee has been allocated an HFC quota for a calendar year; and
the total quantity of HFCs, expressed in CO2e megatonnes, involved in regulated HFC activities engaged in by the licensee in the year exceeds the total of that quota and any reserve HFC quotas allocated to the licensee that are in force at any time in the year; or
both:
the SGG licensee has been allocated a reserve HFC quota that is in force for a period (the reserve period) in a calendar year, but has not been allocated an HFC quota for the year; and
the total quantity of HFCs, expressed in CO2e megatonnes, involved in regulated HFC activities engaged in by the licensee in the reserve period exceeds the reserve HFC quota.
It is a condition of the SGG licence that the licensee comply with the direction: see subsection 18(1).
Before the time specified in the direction (or a later time specified in a notice under this subsection), the CEO may specify a later time by written notice given to the licensee.
The amount specified in the direction must not be greater than the amount of the excess.
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